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HomeMy WebLinkAboutRES NO 20-89RESOLUTION NO. 20-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS THAT NO MAJORITY WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 981, ANNEXATION NO. 328 (CASA LOMA NO. 4), ANNEXED TO THE CITY OF BAKERSFIELD. (WARD 1) WHEREAS, Resolution of Application No. 171-88, dated August 10, 1988 was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Proceeding No. 981, Annexation No. 328 (Casa Loma No. 4); and WHEREAS, a duly noticed public hearing upon posal was held before the Commission on November 22, continued to December 13, 1988; and said pro- 1988 and WHEREAS, following said public hearing the Commission, on December 13, 1988, adopted its Resolution Making Determin- ation, being Resolution No. 88-43, recorded in Minute Book 35 of said Commission; and WHEREAS, on January 13, 1989, the City Clerk of the City of Bakersfield set WEDNESDAY, FEBRUARY 1, 1989, at the hour of 7:00 P.M. (or as soon thereafter as the matter may be heard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place of hearing on the proposed annexation and the owners of land within the said territory were duly informed of their right to file written pro- tests against the annexation with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. In accordance with Sections 57075 and 57078 of the Government Code, it: is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent landowners owning less than 50 percent of the assessed value of the land within the territory to be annexed. 2. The description of the exterior boundaries of the territory annexed is contained in Exhibit "A" and shown on the map marked Exhibit "B", both are attached hereto and incorporated in this Resolution as though fully set forth herein. 3. That the said territory designated as Proceeding No. 981, Annexation No. 328 (Casa Loma No. 4), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield, subject to the following conditions recommended by LAFCO's Executive Officer: (1) The City initiate detachment proceedings from the Union Avenue Sanitation District for those territories within the City of Bakersfield; and (2) The City waives the right to serve on the Board of Directors of the Union Avenue Sanitation District. 4. That the Clerk shall forthwith transmit a certified copy of this resolution ordering a change of organization, along with any required remittance to cover the fees required by Section 54902.5 of the Government Code, to the Executive Officer of the Local Agency Formation Commission of Kern County. 5. That the Executive Officer of the Commission is hereby requested to prepare and execute a certificate of comple- tion and make the filings required by Part 4, Chapter 8 of the Cortese-Knox Local Government Organization Act of 1985 and record a certified copy of the certification of completion with the recorder of Kern County, with the surveyor of Kern County and with the Clerk of the City of Bakersfield. .......... o0o .......... - 2 - I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on February 1, 1989 , by the following vote: AYES: COUNCILMEMBERS: CHILDS, O.~MItND, SMITH. RAT~ PET~qSORL MCD, ERMOTT ~ALVAGGfO NOES: COUNCILMEMBERS: zNone ~BSENr: COUNCILMEMBERS: None ~3STAINING: COUNC~LMEMliERS: Non~ Assistant CITY CLERK and Ex Offi~fo Clerk of the Council of the City of Bakersfield APPROVED _ February 1, 1989 CLARENCE E. MEDDER~ MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. LF ,LD ~ CITY A~YL~e C~ty of Bakersfield AJS/meg Attachments Exhibit "A" Exhibit "B" A ANEX 5 HNG.CAS4.1 1/23/89 - 3 - EXHIBIT "A" ANNEXATION NO. 328 CASA LO~A NO. 4 A parcel of land situated in the County of Kern, State of California, being a portion of Section 31, Township 29 South, Range 28 East and Section 6, T~wnship 30 South, Range 28 East, M.D.B. & M., more particularly described as follows: Beginning at a point of intersection of the West line of the East 57.75 feet and the North line of the South 30 feet of the Southeast 1/4 of said Section 31, said point being on the West right of way line of Union Avenue (State Route Vl-KER-204), said point also being on the existing corporate boundary of the City of Bakersfield; Thence (1) S.0°46'20"W. along the said West line a distance of 30 feet to the North line of the Northeast 1/4 of said Section 6; Thence (2) S.0°39'32"W. along the West line of the East 57.75 feet of said Northeast 1/4 a distance of 203.51 feet to a point on the North right of way line of State Freeway 58 (V1-Kern-58). Thence following said North right of way line for the next (5) courses: Thence (3) Southwesterly along a 115 foot radius tangent curve concave to the Northwest, through a central angle of 27009'46", an arc length of 54.52 feet; Thence (4) Southwesterly along an 80 foot radius tangent curve concave to the Northwest, through a central angle 57047'57", an arc length of 80.70 feet; Thence (5) S.85°37'14"W.., a distance of 774.10 feet; Thence (6) S.89°53'15"W., a distance of 402.44 feet; Thence (7) N.89°31'14"W., a distance of 12.33 feet; Thence (8) N 0°39'46"E., along the East line of the Berneta Park subdivision boundary and Northerly prolongation thereof, a distance of 379.88 feet more or less to the North line of the Northeast 1/4 of said Section 6; Thence (9) N.0°59'46"E.~ a distance of 30 feet to a point on the existing corporate boundary of the City of Bakerfield; Thence (10) Easterly along last named corporate boundary to the point of beginning. Containing 11.2] acres of land, more or less. KERN COU;~i'/ ~.U'2"."?"~:'7 S-z Date ................................................